Forfeiture of property
krishna bhagavat
(Querist) 31 March 2013
This query is : Resolved
If the procedures prescribed in the act for forfeiture of a property has not been followed by the concerned government department for a period of 17 years, and subsequently the property has changed hands. can the government department still claim forfeiture rights.(They have not informed the sub registrar office hence does not reflect in the EC, thasildar office,etc.
krishna bhagavat
(Querist) 01 April 2013
NDPS Act. the competent authority say they have made orders to freeze the property in 1994 and forfeiture order in 1999 but after that they have not taken any steps to take possession of the property. suddenly in 2011 they ask a innocent buyer to handover property.
Raj Kumar Makkad
(Expert) 02 April 2013
Forfeiture includes taking possession in which department became lethargic so the bonafide purchaser has every right to secure his property by moving to court and obtaining stay order therefrom.
krishna bhagavat
(Querist) 03 April 2013
Dear sir can the department say by just passing the order we have a symbolic possession. if that is the stance they take will it be considered
prabhakar singh
(Expert) 03 April 2013
Section 63 of the NDPS Act reads thus :-63. Procedure in making confiscations.-(1 In the trial of offences under this Act,whether the accused is convicted or acquitted or discharged, the court shall decide whether any article or thing seized under this Act is liable to confiscation under section 60 or section 61 or section 62 and, if it decided that the article is so liable, it may order confiscation accordingly.A bare reading of this section provides that whether the accused is convicted or acquitted or discharged still the Court has the power to confiscate provided the matter (4)falls under Section 60, 61 or 62 of the said Act.
HENCE IN MY OPINION YOU SHOULD CHECK THE JUDGEMENT OF THE COURT AS TO WHAT WAS IT'S FINAL ORDER WITH REGARD TO CONFISCATED PROPERTY,IRRESPECTIVE OF THE ACQUITTAL OR SENTENCE .
prabhakar singh
(Expert) 03 April 2013
THE PRETRIAL PROCEDURE IS AS FOLLOWS:
Every officer empowered under section 53 and every officer in-charge of a police station shall, on receipt of information, proceed to trace and identify the illegally acquired properties (section 68E).
The officer may issue an order seizing the properties and if it is not possible to seize, freezing the properties. He shall send a copy of the order within 48 hours to the Competent Authority.
The Competent Authority has to confirm the order within 30 days, else, it will not be valid.
The Competent Authority issues a Notice to the affected person and after considering the reply and other records of the case, passes an order forfeiting the properties or otherwise.
If the person is only arrested, the issue of Notice and subsequent forfeiture will proceed only after his conviction or after an order of preventive detention is issued.
The Burden of Proving that the properties are NOT illegally acquired is on the affected person.
Appeals against the orders of forfeiture lie with the Appellate Tribunal for Forfeited Properties.
Seized or forfeited properties are managed and disposed by the Administrators as per Illegally Acquired Property (Receipt, Management and Disposal) Rules. So far the Government of India appointed officers as Competent Authority cum Administrator.
Raj Kumar Makkad
(Expert) 03 April 2013
I think you further doubts stand cleared now.
krishna bhagavat
(Querist) 04 April 2013
Thankyou sir's
but my doubt is
1. if the freezing and forfeiture order is made by them and subsequently they have not followed any procedure to take possession of the property and make sure it is not transfered to anybody. can we make a case out of that very point alone.
2. we have enough prof that we are bonafide purchasers.
will the court in such circumstance say anything done on a central Act is unquestionable.
